Delaware Court Records
- Search By:
- Name
- Case Number
DelawareCourtRecords.us is not a consumer reporting agency as defined by the FCRA and does not provide consumer reports. All searches conducted on DelawareCourtRecords.us are subject to the Terms of Service and Privacy Notice.
How to Get Your License Back After a DUI in Delaware
Under the Delaware Code, Driving Under the Influence (DUI) refers to the act of operating a vehicle while under the influence of alcohol, drugs, or a combination of both, or having a Blood Alcohol Concentration of 0.08% or more within 4 hours of driving a vehicle.
Delaware considers first and second DUI offenses as misdemeanors, while third and subsequent offenses range from Class G to Class C felonies. A DUI offense in Delaware will result in an immediate Administrative License Revocation by the Delaware Division of Motor Vehicles in addition to potential court-ordered fines, community service, jail time, and mandatory alcohol education and treatment programs.
Step 1: Know the Terms of Your Suspension
There are two distinct DUI suspensions in Delaware. In Delaware, drivers face Administrative (DMV) Suspension under the Delaware Implied Consent Law and court-ordered suspension for a criminal conviction.
In Delaware, the Division of Motor Vehicles (DMV) will immediately suspend a driver's license if they fail or refuse a BAC test during a lawful DUI arrest. This suspension lasts 90 days for a first BAC fail, 12 months for a second, and 19 months for third and subsequent violations. Refusing a chemical test will result in a 12-month license suspension for a first refusal, 18 months for a second, and 24 months for third and subsequent refusals.
Beyond the administrative suspensions, the court may impose additional suspensions for criminal convictions. The table below outlines the various court-imposed suspensions for DUI violations in Delaware.
| BAC Level | First Offense | Second Offense | Third Offense | Fourth and Subsequent Offenses |
|---|---|---|---|---|
| BAC of 0.08% to 0.14% | 12-month license revocation | 24 months revocation | 24 months | 60 months regardless of the BAC level. |
| 0.15% to 0.19% | 18 months revocation | 24 months | 30 months | — |
| 0.20% or more, or refusing a chemical test | 24-month license revocation | 30 months | 36 months | — |
Drivers under 21 years face 2 months of license revocation for failing BAC tests and 2 years for refusing chemical tests.
Delaware's administrative and court-ordered suspensions run concurrently. Nonetheless, some categories of DUI offenders in Delaware may apply for Conditional Driver Licenses (hardship licenses) during their suspensions (after observing specific waiting periods and fulfilling certain conditions).
| Type of Occupation License | DUI Offense | Waiting Period |
|---|---|---|
| First Offender Election Ignition Interlock Device (FOE-IID) | BAC less than 0.15% without a child passenger | 1 month of the suspension |
| Voluntary IID Program | Second and Subsequent DUI violations without serious injuries | Must serve 2 months of a 12-month suspension, 6 months of an 18-month suspension, and 12 months of a 24-month suspension |
| Occupational/Hardship License | Refusing a chemical test with no more than two previous DUI violations | — |
Step 2: Fulfill Court and DMV Requirements
A DUI offense in Delaware may trigger two possible driver's license suspension categories. These are administrative and court-ordered license suspensions, which may be for the following reasons:
- Mandatory revocations, such as:
- Driving while under the influence of intoxicating liquor or narcotic drugs
- Underage possession/consumption of alcohol by persons under 21 years of age
- Any drug offense that results in a conviction
- Habitual offender revocation for drivers who accumulate specific types of DUI and other violations within five years. For instance, DUI offense, violation of an occupational license, failing to stop at the scene of an accident, or reckless driving
- Driving during suspension or revocation.
The Delaware Division of Motor Vehicles will impose administrative license suspension on drivers who fail chemical tests or refuse to take one during DUI arrests. Beyond this, the court will impose an additional suspension if a DUI offense results in a criminal conviction.
The administrative and court-imposed suspensions are separate but run concurrently. In addition to license suspension, a DUI in Delaware may result in fines, community service, jail time, and mandatory DUI programs.
Step 3: Complete a DUI Education or Treatment Program
There are several DMV and court-mandated DUI-related programs in Delaware. Completing some of these programs is mandatory for license reinstatement after suspension due to DUI violations.
| Type of DUI Program | Duration | Costs | Enrollment |
|---|---|---|---|
| DUI Evaluation (DSARP) | 1 hour to 1.50 hours | $150.00 evaluation fee in addition to $50.00 missed appointment fee (if applicable) | Through the Delaware Screening Assessment & Referral Program (DSARP) (within 10 days of arrest or referral) |
| Alcohol Education Program (Level I) | 16 to 20 hours (comprising two hours per session) | $400.00 education fee in addition to $35.00 for drug screenings and $50.00 missed-session fees | After DSARP referral, sign up with state-approved in-person providers |
| Outpatient Treatment (Level II/III) | 25 hours over about 3 months (individual and group sessions) | $1,000.00 fee in addition to $35.00 screening tests and $50 per missed session | Referral from DSARP to licensed outpatient providers listed by DSAMH |
| DUI Treatment Court (Specialty Court) | Over several months, participants are subject to regular court appearances, mandatory individual and group counseling, random alcohol testing, 30 days of community service, and the use of a Transdermal Alcohol Device (TAD) and an Ignition Interlock Device (IID) | Costs vary by case | Through the Court of Common Pleas, acceptance is limited to selected cases. |
Step 4: Get SR-22 Insurance or Equivalent
SR-22 is a certificate of financial responsibility that insurance companies file with the state on behalf of individuals as proof of the minimum liability coverage required by law. Delaware requires high-risk drivers to have SR-22 coverage before reinstatement. This includes DUI convicts, drivers without insurance coverage, individuals driving on suspended or revoked licenses, and those with multiple violations.
Individuals seeking SR-22 coverage should contact their insurers and add it to their car policies or switch to those that provide high-risk coverage. The cost of SR-22 coverage in Delaware depends on driving history. Typically, it costs between $300.00 and over $800.00. Delaware law requires DUI offenders to have SR-22 for 3 years from the date of license reinstatement.
Step 5: Pay Reinstatement Fees
The cost of license reinstatement after a DUI suspension in Delaware depends on several factors. These include:
- Type of DUI violation
- Court requirements
- Program completion
- Ignition Interlock Device
- SR-22 coverage
- Testing and application fees.
While the reinstatement fee for a license is $200.00, additional costs may raise the reinstatement fee to over $1,000.00 to $2,000.00. For instance, the following costs may apply to license reinstatement after a DUI offense in Delaware:
- Reinstatement fee - $200.00
- Mandatory DUI programs - $400.00 to over $1,000.00 plus an additional $150.00 for DSARP evaluation
- Ignition Interlock Device (IID) - $70.00 to $100.00 plus installation and removal fee
- SR-22 coverage - $300.00 to over $800.00.
There are also court fines, dues, and testing and application fees.
Applicants may make payments for reinstatement fees in Delaware through cash, check, money order, or credit/debit cards.
Step 6: Submit Your License Reinstatement Application
DUI offenders in Delaware may submit their license reinstatement application online by creating accounts and logging into the Division of Motor Vehicles Online Services Portal to upload the necessary documents and make payments. Alternatively, mail the application to:
The Division of Motor Vehicles
Driver License Section
P.O. Box 698,
Dover,
DE 19903.
Applicants may also submit the necessary documents and make payments in person at local DMV offices. For specific requirements for license reinstatement in Delaware, visit the Delaware DMV Driver Improvement Homepage.
What If You're Denied License Reinstatement in Delaware?
The Delaware Division of Motor Vehicles may deny a license reinstatement application for several reasons. The common reasons include:
- Failure to fulfill the applicable requirements. For instance, not completing DUI education programs, providing an SR-22 certificate, or installing an Ignition Interlock Device
- Outstanding DUI-related fines and fees
- Committing a new traffic offense during suspension
- Submission of a reinstatement application before the expiration of the mandatory waiting period.
If the DMV denies an application for a license reinstatement, the applicant should:
- Review the denial notice and correct any issues
- Contact the Division of Motor Vehicles at DMVCustomerService@delaware.gov and request an administrative hearing within 15 days of the denial if the denial is DMV-based
- Engage the services of a criminal defense attorney if the denial is court-ordered
- Reapply after the revised eligibility waiting period expires or call the Delaware Division of Motor Vehicles at (302) 744-2500 for a status update.
Hardship Licenses: Driving with Limited Privileges
A Delaware Conditional Driver's License (or hardship) allows drivers with DUI license suspensions or revocations to drive under limited conditions. Delaware's Conditional Driver's License permits holders to commute to work, doctor's visits, school, and court-ordered appointments within specific periods. In Delaware, Conditional Driver Licenses apply to drivers who:
- Are past their mandatory suspension waiting periods
- No additional suspension or changes
- Complete or participate in a DUI education or treatment program
- Are not commercial drivers or habitual offenders
- Install Ignition Interlock Devices (if applicable).
Although Conditional Driver Licenses offer driving privileges to DUI offenders during suspension, there are limitations. Users typically not drive outside their approved route and time. Failure to comply with the conditions will result in suspension or revocation.
How Long Does It Take to Get Your License Back After a DUI?
The time it takes to get a license back after a DUI in Delaware depends on the number of previous offenses, compliance (or otherwise) with the DMV or court-ordered requirements, and eligibility for reinstatement through the Ignition Interlock Device option. Typically, first-time offenders may be eligible for license reinstatement after serving 30 days of the 12-month mandatory suspension if they fulfill other requirements. However, individuals serving suspensions for second or subsequent DUIs typically serve a full suspension before reinstatement.